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southpaw22

Executor taking items

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Recently found out the executor of my aunts husbands will has been into the safe deposit box at the bank where my aunt had a joint account with her husband. I asked him if he took anything out of it and he stated he did get paperwork. I called the bank and asked why they let him get into the box without someone representing my aunt and they stated he had his paperwork stating he was the executor of the owners will. He has taken things from the home that belonged to my aunts first husband and was told that they belonged to our late uncle but he has not offered to bring them back. I am planning on contacting a lawyer this week about this but wondered if there is any way of getting the items back. His executor duties were to conduct business and pay bills and execute the will as stated in the will .

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14 hours ago, southpaw22 said:

I called the bank and asked why they let him get into the box without someone representing my aunt and they stated he had his paperwork stating he was the executor of the owners will.

 

You wrote that your aunt and uncle had an account at this bank, but you didn't say who the owner of the safe deposit box was.  Sounds like it was your uncle.  Correct?  If so, why would the bank require either your aunt or "someone representing [your] aunt" to be present?

 

 

14 hours ago, southpaw22 said:

He has taken things from the home that belonged to my aunts first husband and was told that they belonged to our late uncle but he has not offered to bring them back.

 

Was told by whom?  Did anyone -- like your aunt -- ask for him to return the items?  Why did she let this person into her home in the first place?

 

 

14 hours ago, southpaw22 said:

I am planning on contacting a lawyer this week about this but wondered if there is any way of getting the items back.

 

We couldn't possibly have any reason to believe there isn't.

 

 

14 hours ago, southpaw22 said:

His executor duties were to conduct business and pay bills and execute the will as stated in the will .

 

For starters, a person nominated in a will to serve as executor isn't actually the executor until and unless he is appointed by the court to serve in that capacity (or otherwise as provided by the applicable state law).  Once that happens, the executor's job is to identify and take possession of estate assets, identify estate debt, pay estate debt from the estate's liquid assets and liquidate other assets as needed to pay debt, and, finally, to distribute anything left to the beneficiaries as provided in the will.  Aside from possibly not having been formally appointed and having taken items that were misidentified by someone else as being estate assets, nothing in your post suggests this person is doing anything inappropriate.

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3 hours ago, pg1067 said:

 

You wrote that your aunt and uncle had an account at this bank, but you didn't say who the owner of the safe deposit box was.  Sounds like it was your uncle.  Correct?  If so, why would the bank require either your aunt or "someone representing [your] aunt" to be present? 

Safe deposit box was joint. He had the key and went to bank and told the bank officer that he was executor and that the deceased's wife is in an assisted living (dementia facility). He know that she had a power of attorney but failed to tell them at bank of this . They let him take the contents of the box. 

 

 

 

Was told by whom?  Did anyone -- like your aunt -- ask for him to return the items?  Why did she let this person into her home in the first place? The deceased told him to take the guns and knifes with him before he died, I mentioned to him my uncle had a gun , two knifes and a 357 magnum that we wanted returned, He said he hasn't seen any knifes. 

 

 

 

We couldn't possibly have any reason to believe there isn't.

 

 

 

For starters, a person nominated in a will to serve as executor isn't actually the executor until and unless he is appointed by the court to serve in that capacity (or otherwise as provided by the applicable state law).  Once that happens, the executor's job is to identify and take possession of estate assets, identify estate debt, pay estate debt from the estate's liquid assets and liquidate other assets as needed to pay debt, and, finally, to distribute anything left to the beneficiaries as provided in the will.  Aside from possibly not having been formally appointed and having taken items that were misidentified by someone else as being estate assets, nothing in your post suggests this person is doing anything inappropriate.

 Thank you for your response 

 

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